November 10, 2007

Though members of a state appellate court on October 5 expressed some skepticism regarding the relocation plan for 13 residential tenants due to be displaced by the Atlantic Yards development, in a decision issued yesterday, the four judges unanimously upheld the plan.

The case, known as Matter of Anderson v. New York State Urban Development Corporation (the latter now doing business as the Empire State Development Corporation, or ESDC), was the second brought by attorney George Locker on behalf of 13 tenants (12 in rent-stabilized units) at 624 Pacific Street and 473 Dean Street.

The other case, which contended that the tenants were not condemnees and thus should be able to challenge the state's action in trial court rather than the appellate court designated to hear challenges to the Eminent Domain Procedure Law (EDPL), was dismissed on October 16.

Relocation questions

To relocate the tenants, the state has promised to provide, at minimum, the services of a real estate broker, moving assistance, and a $5000 payment—but that, attorney Locker argued, would hardly guarantee similarly affordable housing in today's real estate market. He called it an "illusory plan," thus unlawful.